Is that a cake? —

Decadent capitalists thwart North Korea with DMCA takedown

Bizarre propaganda video used footage from Call of Duty series.

A truly bizarre North Korean propaganda video posted on YouTube has been taken down after a DMCA complaint by Activision. The video used scenes from Call of Duty: Modern Warfare 3 without the gaming giant's permission. The scenes, showing an American city in flames, were accompanied by a piano instrumental of the song "We are the World." (Apparently, Michael Jackson and Lionel Ritchie are high on the playlist on North Korean leader Kim Jong-Un's HTC smartphone.)

Before its takedown, the video was captured by LiveLeak. It shows a North Korean man dreaming of his country's coming dominance in space, North Korean space shuttle and all. It then switches to a scene of New York, apparently under attack by North Korean missiles. But the New York scenes are clearly lifted directly from content in MW3.

The captions that scroll across the screen over the lifted Call of Duty footage read, "Somewhere in the United States, black clouds of smoke are billowing... It seems that the nest of wickedness is ablaze with the fire started by itself."

The video ends by saying the dream will "surely come true," and pronounces that "despite all kinds of attempts by imperialists to isolate and crush us," nothing will stop "the people marching toward a final victory."

For comparison, here's the official trailer for MW3:

A trailer for Call of Duty: Modern Warfare 3.

The video would seem to contrast with North Korea's claims that its space program efforts are entirely peaceful in nature. At the same time, North Korea is preparing to go forward with new nuclear weapon tests.

Even though 30-year-old Kim Jong-Un (the world's youngest head of state) has managed to consolidate his power over his country and commands an army of a million strong, he is helpless against the mighty power of the DMCA.

This stuff is just too ridiculous. Every time I read something about North Korea, I have to ask myself, is this real, or is it Wag The Dog?

Besides satisfying the world's need to chortle, why does North Korea even bother posting anything on youtube? How many North Korean expats, studying orbital mechanics abroad in Iran or China, where the internet is free and open, can there be out there, in desperate need of a video like this to boost their national fervor? I mean clearly it's a video that is blasted on every TV system in the country at every hour and on every half hour when the hours are odd.

Second, does the general north korean populace even understand what is going on in this video? Like what do the people think when they see this video, the guy sleeping and think "The fuq? Why is this guy dreaming about burning buildings? And what is this music? What the hell is going on?!"

I ponder heavily. The people in North Korea have no idea what lies beyond the hills. We have just as little information on what North Korean people actually think about. So strange.

In the opening of the N Korean video there is a Cannon camera. For some reason I find it funny that a N Korean dreaming of global domination would not use a camera made in N Korea. Oh wait, he can't because N Korea doesn't produce such a thing because they spend too much time and money on dreaming up ways to promote stupid dreams like this and ignoring the fact that agression by them would end in a nuclear holocaust for them from multiple sources because most of the world doesn't really like them either because they are such ass holes. Heck even the Russinas and Chinese would strike N Korea if they became aggressive because they can't aford to have an agressing nuclear power with global domination on their minds on their doorstep, India and Pakistan would probably strike too simply to not be the next target of N Korean agression.

I guess N Korea could always get some of those super duper new stealth aircraft from Iran and, uhhh, at least pretend like the Iranians do that they are really tough guys.

You know, there is an easy way for North Korea to fix this controversy: broker a deal with the Iranians for those new stealth fighters they're making. You know, because Death to the Infidel/Capitalist/whatevs.

You know, there is an easy way for North Korea to fix this controversy: broker a deal with the Iranians for those new stealth fighters they're making. You know, because Death to the Infidel/Capitalist/whatevs.

Maaan, the more concrete things I hear about North Korea, the more I feel AWFUL for their people. It is a slave state, nothing more, nothing less. What kind of sick minds want to dominate so many other people, and keep them in a state of helplessness and fear?

World's youngest current head of state. There are numerous examples of younger heads of state in the past.

Tutankhamun?

So Iran is bragging about sending animals into space that the US sent into space 50 years ago while North Korea is busy dreaming of it's non-existent space program. This is what we traded the Soviets for? I gotta say, not feeling all that threatened here.

thebackwash wrote:

Maaan, the more concrete things I hear about North Korea, the more I feel AWFUL for their people. It is a slave state, nothing more, nothing less. What kind of sick minds want to dominate so many other people, and keep them in a state of helplessness and fear?

Keeping people in a state of helplessness and fear is par of the tyrant course. Reports of going people going mad with starvation and cannibalism (with poor folks eating their own kids no less) should be the things getting people's ire up.

Maaan, the more concrete things I hear about North Korea, the more I feel AWFUL for their people. It is a slave state, nothing more, nothing less. What kind of sick minds want to dominate so many other people, and keep them in a state of helplessness and fear?

Wouldn't that video qualify as transformative work and fall under fair use? Wow, Capitalism being used to attack Communism. How ironic.

Technically there are no bright line rules for determination of a transformative work. Because fair use is an affirmative defense, it can only be brought up in response to a finding of copyright infringement. That's why the DMCA does not recognize fair use, because fair use can only be used as a defense after the DMCA takedown has been activated.

It's a huge problem with the DMCA takedown rule as "guilty until proven innocent" legislation, but again technically speaking, it doesn't invalidate the DMCA takedown request that does not (and cannot) take into account fair use.

There's a difference between a random person online getting the Whiterun Guards to dance to Gangam Style and a government's PR department using it in their official capacity.

OK. You have my interest. Please explain the difference.

Purpose and character of use. It's a factor in fair use analysis. A political message is arguably similarly transformative (although the game itself had a political message in the burning of a U.S. city), but regarding the character of use, a political message by a foreign entity is perceptibly different. It's not the message itself but the scope of use that is objectionable. For a simple analysis, consider that a foreign nation does not have First Amendment rights that create the basis for a fair use analysis. Therefore, the character of use speculatively can be objected by the copyright holder because it violates the copyright holder's right of performance without any countervailing First Amendment interest.

Maaan, the more concrete things I hear about North Korea, the more I feel AWFUL for their people. It is a slave state, nothing more, nothing less. What kind of sick minds want to dominate so many other people, and keep them in a state of helplessness and fear?

Every concession we make just insures the current scheme keeps on rolling on, keeps on rewarding the NK elites, keeps on dooming another generation to the same slavery. Most of our government's plans for NK boil down to "keep those idiots quiet until I'm out of office". And that's why they can play us.

Keep in mind this comment comes from my dislike of heavy handed DMCA takedown abuse, and not any agreement witht he video's underlying message. Technically, shouldn't this video fall under fair use?

An interesting argument. I'd have to say no as it does not fall under the criteria for fair use. This was a propaganda piece created by a government, instead of an individual or charity or other not-for-profit purpose.

Another way of viewing this: wouldn't we expect a politician in any other country to gain permission before using movie or game footage in their re-election campaign?

For a simple analysis, consider that a foreign nation does not have First Amendment rights that create the basis for a fair use analysis. Therefore, the character of use speculatively can be objected by the copyright holder because it violates the copyright holder's right of performance without any countervailing First Amendment interest.

Doesn't that contradict:

1. The reasoning behind the Citizen's United ruling?2. Article 10, section 2 of the Berne Convention?